TheCable

The Peoples Democratic Party (PDP) has filed a motion seeking to set aside the order recognising Sunday Udeh-Okoye as the party’s national secretary.

Ruling on a motion ex parte on Monday, Cyprian Ajah, judge of a high court in Enugu granted an interim order directing the party to recognise Udeh-Okoye within 24 hours.

“The 2nd defendant respondent is hereby ordered to recognize within 24 hours of the service of this order on him, HON, S.K.E. Udeh-Okoye (the person recommended by the south east zonal executive committee of the 1st defendant respondent; pending the hearing and determination of the motion on notice,” the court held.

“That this order will lapse after seven (7) days from today in accordance with the rules of this court.”

The defendants in the suit are the PDP; its national chairman Umar Damagun; Samuel Anyawu, national secretary (on behalf of himself and the national executive working committee) and Ali Odefa, national vice chairman of the south-east zone.

However, in a motion on notice dated and filed on October 24, the first to fourth defendants (PDP, Damagun and Anyawu) are asking the court to set aside the order, noting that “it was obtained by fraud and suppression of material facts”.

The applicants also faulted the order for not being specific as to what position Udeh-Okoye should fill.

They also said the court ought not to have granted the interim order because it is the same principal relief sought in the substantive suit.

“That courts usually avoid the determination of the substantive Suit/Issues before it at interlocutory stage as a determination of the substantive Suit at the interlocutory stage will render the main suit nugatory, pre-emptive and useless at the end of the matter,” the applicants averred.

“That the said order No.2 contained in the enrolled order of this honourable court dated the 23rd day of October 2023 is not only inchoate but also speculative as the said order did not state in particular what Hon. S. K. F Udeh-Okoye is to be recognized as by the 2nd defendant.

“The first and second defendants applicants are confused and are very uncertain as to the purpose of the interim order of this honourable court … granted in favour of the plaintiff.”

The applicants also submitted that the suit is an abuse of the court process since a similar matter marked H/C/42/2023 pertaining to the office of national secretary is pending before a high court in Abia state.

They prayed the court to set aside the order.